BRIJ LAL Vs. RAM SURAT

JUDGEMENT

(1.) This is second civil appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.8.1980 passed by the Civil Judge, Sultanpur in Civil Appeal No. 94 of 1979 arising out in Regular Suit No. 210 of 1977 decided by the Munsif North, Sultanpur by the judgment and order dated 9.2.1979.

(2.) I have heard Shri U. S. Sahai, holding brief of Shri H. S. Sahai for the appellants and Shri Mohd. Arif Khan for the respondents.

(3.) It appears that the plaintiff-respondents filed a suit for demolition, possession and injunction with respect to the land in dispute claiming ownership rights through Dukhi and Rameshwar. It is alleged that Dukhi and Rameshwar were real brothers and house situate towards north of the land in dispute and the plaintiffs are the daughter and son of the Rameshwar who pre-deceased Dukhi. According to the plaintiffs, Dukhi executed a Will in favour of the plaintiffs before the date of vesting with respect to the land in dispute and on the basis of Will they are owners of the land in dispute. It is alleged that the defendants have forcibly dispossessed the plaintiffs and the defendants have also raised constructions over the land in dispute after dispossessing the plaintiffs. Therefore, the suit has been filed for demolition, possession and injunction.